An update on the complaint fans has filed against SM with regard to the cancellation of SMTOWN LIVE 2009 last August.

SM Entertainment VS 632 Fans

The 632 fans of TVXQ, Super Junior, SNSD, and SHINee are in process of filing application of collective disputes against SM Entertainment-Dream Maker for the cancellation of the planned August 16th SM TOWN LIVE ‘09, demanding compensation for property and mental damages.

Korea Consumer Agency (KCA)’s Consumer Dispute Resolution Committee on last 23rd was asked by applicants related to the case of unilaterally cancellation of “SM TOWN LIVE ‘09″ as they demanded property and mental compensation which follows in collective dispute resolution procedure process on the 24th.

Dispute Resolution Committee initiated this collective dispute resolution procedures, and the committee will receive registration from other victims of this issue to have the same batch remedies from November 25th until December 9th.

Consumers that are willing to apply can log in to Korea Consumer Agency website (www.kca.go.kr) – consultation area (상담 마당) – dispute resolution group (집단분쟁조정), ones need to apply in order to join the collective resolution remedies.

Applicants must be ones who purchased Dream Maker Entercom’s “SM TOWN LIVE ‘09″ through domain auction and in case the applicant is a minor (a person who is under the age), the minor’s parents must apply for the participation as legal representative on the minor’s behalf.

The presentation of this case is about the past contractor’s act of concert postponed or canceled unilaterally therefore asking for liability to refund for any damages had been occurred.

source: eto.co.kr
trans: sharingyoochun@wordpress

Woah, I thought only Cassies filed this complaint. Turns out even fans of other SM artists joined in filing the complaint. Looks like SM will be pulling out a lot of money from their pockets because of this especially if more fans will participate in this complaint.

For the nth time in just a span of 4 months, SM is facing another complaint. This time, it’s by the fans again.

Selling Tickets Without Government Permission, TVXQ Fans are Complaining to SM

TVXQ fans has filed a complaint to SM (CEO Kim Young-min) to relevant department about the starting of ticket sales of Shenzhen concert scheduled on last November 21st before getting any permission from China government.

On last November 16th a complaint file entitled “SM Entertainment ignores China’s Administrative Procedure-A concern to China Cultural Exchange Inhibition” was received by Department of Culture, Sports, and Tourism from TVXQ fansite DNBN.

“According to the complaint filed in homepage of Department of Cultural Affairs, the official approval for TVXQ concert that was supposedly held in Shenzhen, Guangdong province, China was out on October 28th, however the ticket sales was already accomplished at the end of September, eventually SM had sold concert tickets without any permission from the Chinese government.” the fansite pointed out their complaints.

“Even though now there’s a ticket refund for the audiences that are supposed to go to the concert hall, however it’s still not considered transportation costs, visa fee to enter China for especially foreign audiences including the opportunity costs damage everyone has suffered.”

In particular they continued, “SM ignored the administrative procedure as they announced the concert to public in the process of China’s approval. This unreasonable South Korea Entertainment ticket sales could leads to national image damage as the Chinese government would think other South Korea singers may do the same act of holding concert before getting any permission.”

“Usually SM artists’ concert is held at least 4-6 months after gaining the permission, thus this process of Shenzhen concert is definitely unreasonable.”

Towards this accusation, SM official responded on the 24th to Star Money Today, “TVXQ’s 3rd Asia Concert in Shenzhen is their 12th stops which was planned already when the contract with Dream Maker was signed back then in July 2008. Under the agreement, all aspects that are related to the concert including ticket sales and permission approval from local government are obliged to Dream Maker.” he said.

“Therefore, the claim of selling of TVXQ concert in Shenzhen ticket without any permission from Chinese government shall not be directed to SM.” he strongly refuted. “We also had contacted Dream Maker earlier about the plan to conduct the last November 21st-scheduled TVXQ Asian Tour in Shenzhen and they confirmed that there’s no problem at all in ticket sales and any related legal procedures.”

Dream Maker, in other side, explained, “For this last stop of concert in China, the Ministry of Culture of RRC authorized TVXQ’s concert in last October 21st. ‘The content of Korean TVXQ Guangdong (Shenzhen) concert agreement is ratified by the Ministry of Culture [2009] No. 2146′”

SM said, “(related to fans’ complaint) the permission approved by the Cultural Affairs of Guangdong Province issued on October 28th was unrelated to the ticket sales permission, it’s merely about visas for foreign artists which will perform and relevant documents and information submission.” he also added, “Because the cancellation of concert in Shenzhen, we’re now in the situation where have to pay for the damages. As we already sold the tickets, canceling a concert is definitely not our intention. In the future we hope there’s no more false claim like this being refrained.”

source: ohmynews + star-mts
trans: sharingyoochun@wordpress

Does anyone of you actually remember how MANY lawsuits/complaints has been filed against SM this year? Seriously, if I were SM, I’d probably just stop all this crap by doing the RIGHT and LEGAL things. The company is just incurring losses due to all these complaints. I won’t even be surprised if one day, SM would declare bankruptcy due to it paying too many “compensation for damages and losses” from all these complaints. LOL.

From how I understand the article, I think SM is somehow putting all the responsibility on this issue to Dream Maker. With the kind of statements the company gave, it’s like it is pointing fingers at Dream Maker for selling the tickets earlier than the grant of permission by the Chinese government. Also, I could see some loopholes on both Dream Maker and SM’s statements.

1) Dream Maker said“For this last stop of concert in China, the Ministry of Culture of RRC authorized TVXQ’s concert in last October 21st. ‘The content of Korean TVXQ Guangdong (Shenzhen) concert agreement is ratified by the Ministry of Culture [2009] No. 2146′”

From what I can conclude from this statement, the permission for DBSK’s concert in Shenzhen was only granted last October 21, 2009. The tickets selling for the concert began in September 2009. Basing from the dates, the selling of the tickets was really in some way “illegal” since the authorization was only granted in October. Why then is SM and Dream Maker claiming that they were the said sale of tickets is legal?

2) SM said, “(related to fans’ complaint) the permission approved by the Cultural Affairs of Guangdong Province issued on October 28th was unrelated to the ticket sales permission, it’s merely about visas for foreign artists which will perform and relevant documents and information submission.”

Even if the October 28th permit issued by the Chinese government is for the visas of the artists who will perform and relevant documents and information submission, doesn’t this (in a way) affect the “validity and legality” of the concert, too? If you analyze this statement, the artists technically still do not have the “permission” to perform without the approval by the Cultural Affairs of Guangdong Province. Without the said permission, there is no assurance that DBSK will be able to perform at the concert. This means that unless the approval is out, the concert is still technically not “cleared” of any issues. What if DBSK was not granted the permission for their visas and there had been problems with the documents submitted? Then the concert will not push-through, right? What I’m saying is, SM and Dream Maker already sold the tickets for the concert even without being 100% sure that the concert will push-through. They already sold the tickets even if everything relating to the concert isn’t “polished” yet. Knowing this, doesn’t it make the early ticket selling somehow unreasonable?

Anyway, those are only my observations regarding this matter. I may be over thinking things but I just can’t help but notice those two things. Because of these two statements, it makes me more convinced that the fans’ complaints is valid and is not just a false claim.

News on the boys attending NHK Kouhaku this year plus an intriguing statement by SM:

TVXQ to appear on NHK’s “Red and White Song Battle”

Korean idol group TVXQ is set to appear on NHK TV’s “Red and White Song Battle” next month,
according to the Japanese broadcaster’s website.

NHK announced on its official website on Tuesday that the K-pop boy band will appear on “Battle”,
which has been Japan’s signature year-end festivity for the past sixty years.

The show brings together the most successful music acts in the country and Asia and divides them
into two teams — the Red Team for female artists and the White Team for male artists.
The singers or groups perform for their teams and the winning team is decided at the very end of the show,
which ends shortly before midnight.

According to the report by NHK, TVXQ will be performing for the White Team which includes 24 other
top singers and groups such as Arashi and SMAP.
This makes TVXQ the only Korean artist to appear on “Battle” for two consecutive years.

TVXQ, a five-member boy band, is one of most successful K-pop acts in Asia.
Recently, the group has not been performing as a group since three of its members are
currently in a legal dispute with their agency SM Entertainment.SM, however, was quoted as saying that they are “working on having all five member make an appearance.”

Hmmm… what could this statement by SM mean? Is it good news or just another trick by SM? *curious*

But anyway, whatever it is, I really don’t have time to think much about it. I’ll just wait and see what happens in the coming days. As of now, I’m just happy that the all five members will be performing in Japan together again. =)